accident advice

[botchjob]

I was hoping some of you wise people could give some advice. My poor wife got knocked off her bike this morning. She stopped at a junction and a van went into the back of her. Van driver (who works for the local council) admitted it was his fault and she has his details, along with a big swollen elbow, a few cuts, and a knackered bike. No witnesses stopped. She says her elbow isn’t ‘too bad’ and doesn’t think she needs to go to hospital. The bike is at a Cyclesurgery and the damage will be assessed. Sounds like a minimum of a new back wheel, mudguard, and rack, and it sounds possible that the frame could have been knocked out of true.

It seems obvious that she should be able to make a claim against the council for the cost of repairs/new bike but I just wanted to ask if anyone knows the correct procedure, so we do everything we should do. Should she report the accident to the police? Any advice would be gratefully received.

 

[upsidedown]

I'm no expert but i would have thought that an RTA with injuries would require the Police to be informed, and get a crime number.
Definitely worth a visit to A&E, again it's a reference point for future legal action.
Bike is possibly a write-off, i wouldn't trust a frame that had been rear-ended by a van.

The thing that bothers me is how close must he have been to not be able to stop a van in time at a junction that presumably didn't appear out of nowhere ?

 

[Dave Davenport]

Not sure how the claim will be handled as it's the council but she should get checked over at the quacks and get it logged in case it turns out she has any longer lasting injury.

 

[Origamist]

Yes, report it to the police and get legal/medical advice asap. It might be worth your wife joining the CTC pronto. Also take pics of any injuries and write down what happened whilst it's still fresh in her mind.

There's an assumed liability when someone goes into the back of you, but expect a raft of excuses (low sun blinded me, cyclist veered into my path etc).

 

[Bollo]

Commiseration to Mrs botch and GWS

There was a lot of sensible advice on this recent thread.

http://www.cyclechat.co.uk/forums/showthread.php?t=46573

That bollo chap seems to know what he's talking about.

 

[Amanda P]

If the elbow is swollen now, I'm sorry to say it could easily become much worse (I've been there - a knee which was swollen but fine in the hours after a car accident became agony ten hours later). Be on standby to take it to a medic.

Or it may be fine - let's hope so.

If there was any injury or damage to property, it must be reported to the police.

 

[Crankarm]

I think this post more than covers all your options, a number of contributions from me (and others) as I was knocked off a few years ago and went through the whole process, driver was prosecuted then I sued him .

http://www.cyclechat.co.uk/forums/showthread.php?t=44377

You cannot fail to get damages for your accident, as if indeed the Driver was a Council employee, they will be insured. Your wife will first need to go to a doctor or casualty for treatment of her injuries, the incident needs to be reported to the police, her bike will need to assessed for repairs/replacement and she should sign up with a PI cycling solicitor. Look around DO NOT just sign up with the first one as you feel pressured or obligated. BC, LCC, CTC, CycleAid, wider Cycling press, all solicitors will take your case on a conditional fee agreement basis whether with the CTC or not. You need them to explain the process for you the process of making a civil claim and what they think your case is worth. From this you will get an idea of how committed to fighting for their clients they really are and whether you would be happy them taking on your wife's case. Resist attempts by the other's insured to settle with them directly as you will more than likely receive a lot less than your wife's claim is worth. You need your own legal representation fighting for you. You only get one bite of the apple.

 

[BentMikey]

One lawyer seems to get recommended above all others - Alyson France of Bikeline.

 

[Crankarm]

One lawyer seems to get recommended above all others - Alyson France of Bikeline.

By you all the time. Strange that. Do you have any connection to her or Bikeline?

 

[BentMikey]

No connection at all, don't be too quick to jump to conclusions. She just has a really good name, this gleaned from years of internet posts by other cyclists who have used her.

 

[addictfreak]

Any accident involving injury should be reported to the police within 24 Hours.

Just over a year ago I was involved in an accident with a council van, not my fault at all as was stationary at the time. Didn't experience any problems at all.

I would recommend legal advice. If your wife was on her way to work she may get advice/representation from her trade unions solicitors (if shes in one). In the past I have also contacted my house insurers and got assistance from them, actually found out everything was covered down to the clothes I was wearing.

There is also the no win no fee lot (who I despise). But in a genuine case maybe worth a punt.

 

[Crankarm]

No connection at all, don't be too quick to jump to conclusions. She just has a really good name, this gleaned from years of internet posts by other cyclists who have used her.

Who else has used her that sings her praises as I have only heard her name mentioned in your posts?

 

[Crankarm]

Any accident involving injury should be reported to the police within 24 Hours.

Just over a year ago I was involved in an accident with a council van, not my fault at all as was stationary at the time. Didn't experience any problems at all.

I would recommend legal advice. If your wife was on her way to work she may get advice/representation from her trade unions solicitors (if shes in one). In the past I have also contacted my house insurers and got assistance from them, actually found out everything was covered down to the clothes I was wearing.

There is also the no win no fee lot (who I despise). But in a genuine case maybe worth a punt.

Personal injury cases are taken on by solicitors on conditional fee agreements commonly known as "no win no fee" agreements although they are not "no win no fee" if you lose your case. Although if you were a union member I'm not sure if they would pick up the costs you would still be liable for such as the other side's costs. Maybe they would or you would have had to take out an insurance policy to cover this eventuality.

A Union or cycling club only acts as an introducer behind which will be solicitors handling their members' cases. RJW solicitors act for Unions eg the IPMS as well as the CTC.

 

[BentMikey]

Who else has used her that sings her praises as I have only heard her name mentioned in your posts?

You're welcome to google. URC would be a good place to start.

 

[Crankarm]

You're welcome to google. URC would be a good place to start.

URC?

I like to know what I am inputting into Google before I click search as there's no telling what you might get........